Melbourne City Mission Inc

[2025] FWCA 1181

[2025] FWCA 1181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne City Mission Inc

(AG2025/813)

MELBOURNE CITY MISSION PALLIATIVE CARE NURSES AGREEMENT 2024

Health and welfare services
COMMISSIONER ALLISON	MELBOURNE, 23 APRIL 2025

Application for approval of the Melbourne City Mission Palliative Care Nurses Agreement 2024

1. Melbourne City Mission Inc (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Melbourne City Mission Palliative Care Nurses Agreement 2024 (the Agreement).

1. The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. Clause 19 of the Agreement provides a wider span of ordinary hours than under Clause 13.1(a) of the Nurses Award 2020 (the Award). The Employer provided an undertaking that clause 19 will be read and applied as though it refers to ordinary hours worked on Monday to Friday only, to resolve this issue.

1. Clause 13.1(f) of the Award entitles employees to receive an average of eight full days off in a 28-day cycle. The Agreement was silent as to this entitlement. The Employer provided an undertaking matching the Award to resolve this issue.

1. Clause 20 of the Agreement was silent regarding agreed hours of part-time employees and how they may be varied, as stipulated at clause 10.3 of the Award. The Employer provided an undertaking matching the Award conditions to resolve this issue.

1. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. The Employer provided submissions confirming that casual loadings and penalties referred to in clause 21 were calculated on a compounding basis in accordance with the decision in Australian Nursing and Midwifery Federation v Domain Aged Care (QLD) Pty Ltd T/A Opal Aged Care.[1] I accept these submissions.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Annexure A
 

[1] [2019] FWCFB 1716.

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